Insurance & LiensQuestion 1534 of 1605

On a private work of improvement, when a valid payment bond has been recorded, an unpaid subcontractor may:

a.Only pursue the bond, never lien
b.Recover twice the amount owed
c.Have rights against both the payment bond surety and, if applicable, a mechanics lien
d.Only lien the property, never sue the bond

Explanation

When a payment bond exists on a private project (Civil Code §8600 et seq.), an unpaid claimant generally retains lien rights and also has a claim against the payment bond surety. The claimant may pursue available remedies but recovers only what is actually owed.

Law Reference: Civ. Code §8600

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Reviewed by Abraham Chen Licensed California General Contractor (CSLB License #1101856 verify)
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